NOED-02-3-036 - Dresden (Michael J.
McDonald)

By letter dated July 8, 2002, Exelon Generation Company, LLC (Exelon)
informed the NRC that certain conditions of your reactor operator license
were not being met. Specifically, Title 10 of the Code of Federal Regulations
(10CFR), Part 55, Section 55.53(h), imposes a condition on your license
which requires you to complete a requalification program as described
by 10CFR55.59. Title 10CFR55.59 (a)(1) and (a)(2) require you to successfully
complete a requalification program not to exceed 24 months in duration,
and to pass a comprehensive requalification written examination as part
of that requalification program. As discussed in the Exelon letter, you
have not completed a comprehensive requalification written examination,
in accordance with 10CFR55.59, since January/February of 2000, and thus
you have exceeded the required 24-month written examination periodicity.

The Exelon letter documented information previously discussed with the
NRC in a telephone conference which occurred on July 3, 2002. At the time
of the telephone conference, both Dresden units were operating in Mode
1.

Exelon indicated that the Dresden Nuclear Power Station staff identified
that you had not completed a required element of the licensed operator
requalification program. Exelon, on your behalf, requested enforcement
discretion because you had not successfully taken and passed a comprehensive
requalification written examination within the requalification training
program period, which is required not to exceed 24 months. Exelon indicated
that a Dresden Training Department scheduling error resulted in the comprehensive
written examination being scheduled at an interval greater than the required
24 months. Specifically, the Dresden Training Department previously administered
a comprehensive written examination pursuant to 10CFR55.59 to you during
the period of January through February 2000. This examination was to cover
the training period from April 1998 to February 2000. The next written
examination to meet the requirement of 10CFR55.59 should have occurred
during January 2002. However, through a scheduling error, the examination
was deferred until July 2002. Because of the rescheduling of the examination,
the 24-month time limit was exceeded. Consequently, during the last 24-month
training period, you did not complete a comprehensive written examination
in accordance with the condition of your license imposed via 10CFR55.53(h).

In a separate letter dated July 2, 2002, Exelon requested the NRC to
extend the 24-month interval required by 10CFR55.59(c) to an interval
of approximately 30 months. This extension would allow Exelon (the facility
licensee) to complete the requirement to administer a comprehensive written
examination. To accomplish this within the prescribed time extension Exelon
plans to complete examinations for all licensed operators and senior operators
on shift by July 17, 2002, and for all other remaining licensed personnel
by August 2, 2002, before they are scheduled to resume licensed activities.
The NRC Office of Nuclear Reactor Regulation (NRR) will respond to this
request for an exemption from the requirements of 10CFR55.59 by separate
correspondence.

As detailed in Exelon's July 8, 2002, letter requesting enforcement discretion
and during the July 3, 2002, telephone conference, Exelon explained that
suspending enforcement of the 10CFR55.53(h) requirement between July 3,
2002, and July 17, 2002, will not endanger life or property, and is otherwise
in the public interest. Exelon, on your behalf, indicated that you have
demonstrated knowledge and performance capabilities similar to those required
by the comprehensive written examinations. Specifically, you have been
enrolled in a continuous requalification training program developed through
a systems approach to training as defined in 10CFR55.4, "Definitions."
During this training program, you were trained and evaluated using dynamic
simulator evaluations and periodic written quizzes. These continuous evaluation
tools were used to measure your retention and application of skills and
knowledge. In general, you have successfully completed the training program
and were evaluated as a satisfactory operator.

In addition, Exelon indicated that you satisfactorily completed an annual
operating examination in November through December 2001, as required by
10CFR55.59(a)(2). This evaluation included dynamic simulator scenario
and job performance measure evaluations. Moreover, you satisfactorily
completed a comprehensive written examination between July and September
of 2001. Although this examination was not designed or intended to satisfy
the requirement of 10 CFR 55.59, it did cover a representative sample
of material from August 1998 to August 2000.

Furthermore, the Exelon letter indicated that representatives from Dresden
Nuclear Power Station and Exelon Nuclear Oversight performed augmented
on-shift oversight at the Dresden Station during the period of June 21
through June 26, 2002. The purpose of the audit was to review operator
performance, including operator skills and knowledge. No issues related
to your knowledge or skills were identified.

In addition to the noted training program implementation, Exelon indicated
that the on-shift staffing at the Dresden Station exceeds the minimum
required by 10CFR50.54, "Conditions of License." In accordance
with 10CFR50.54 (m), the minimum staffing requirement for a facility with
two operating units in a single control room is two Senior Reactor Operators
(SROs) and three Reactor Operators (ROs). Each operating crew at Dresden
Station has three SROs and four ROs. The extra operators reduced your
individual workload and added to the skills and capability of your crew.
Exelon has also verified and noted that your operating shift crew has
at least one licensed individual that was current in the requalification
training program.

Finally, Exelon indicated that due to the expected high electrical power
demand during the summer period, Exelon has minimized the number of plant
activities that have the potential to cause unplanned unit shutdowns and
de-ratings. This action minimizes the potential challenges you face as
a licensed operator.

Exelon requested that a Notice of Enforcement Discretion (NOED) be issued
pursuant to Section VII.C of the "General Statement of Policy and
Procedures for NRC Enforcement Actions" (Enforcement Policy), NUREG-1600.
Exelon, on your behalf, requested enforcement discretion for your failure
to complete the comprehensive requalification written examination within
the 24-month periodicity in accordance with 10CFR55.53(h) and 10CFR55.59
(a)(1) and (a)(2). To accomplish this, Exelon requested that the NRC suspend
the enforcement of the requirements of 10CFR55.53(h) until July 17, 2002,
to allow sufficient time for you to complete the written examination requirement.
This letter documents the telephone conversation on July 3, 2002, between
Exelon and the NRC. Regional enforcement discretion was verbally granted
at 7 p.m. on July 3, 2002 to suspend the enforcement of the requirements
of 10CFR55.53(h) until July 17, 2002, in order to allow you sufficient
time to complete the written examination requirement. Should you fail
the examination, you would be subject to the requirements of the station's
requalification program, i.e. removal from shift, remediation, and re-examination.

Exelon requested this NOED after consideration of the safety significance
and potential consequences of such an action. Exelon determined that obtaining
enforcement discretion until July 17, 2002, would allow for the Dresden
Training Department to administer the written examination to you and would
not result in an undue risk to the health and safety of the public. The
conclusion was based on risk insights that qualitatively indicated there
was no net increase in risk related to allowing the current on-shift licensed
operators until July 17, 2002, and all other licensed operators until
August 2, 2002, to complete the written examination.

Exelon committed to: 1) administer comprehensive written examinations
to on-shift licensed operators by July 17, 2002, and to the remaining
licensed personnel by August 2, 2002; 2) ensure on-shift licensed operator
staffing exceeds the minimum required by 10CFR50.54 (m); 3) ensure each
operating shift crew includes at least one individual that is current
with respect to the requirements of the requalification program; and,
4) minimize the number of plant activities that have the potential to
cause unplanned unit shutdowns or de-ratings.

The NRC determined that the risk of continued operation with Exelon's
compensatory measures for the remaining four week time period of the NOED
did not result in an increased risk over shutting down both units. Based
on this qualitative evaluation the NRC accepted Exelon's safety rationale.

The NRC's basis for this discretion considered: 1) your continued attendance
and past performance in the Dresden Training Department requalification
program; 2) Exelon's assurance of expedited administration of the written
examinations; 3) the compensatory measures to reduce the probability of
a plant transient while ensuring that more than the minimum required shift
manning is maintained with at least one individual on shift that has successfully
completed the requirements of the requalification program; and, 4) the
risk associated with continuing to operate at steady state with crews
not meeting 10CFR55.59 was no greater than shutting down, a self-induced
transient, with the same crews.

Based on the above considerations, the NRC staff concluded that Criterion
B.2.1.1.a and the applicable criteria in Section C.4 to NRC Manual Chapter
9900, "Technical Guidance, Operations - Notices of Enforcement Discretion"
were met. Criterion B.2.1.1.a states that for an operating plant, the
NOED is intended to avoid unnecessary transients as a result of compliance
with the license condition and, thus, minimize potential safety consequences
and operational risks.

On the basis of the NRC staff's evaluation of Exelon's request, on your
behalf, we have concluded that issuance of this NOED is warranted because
we are satisfied that this action involves minimal or no safety impact,
is consistent with the Enforcement Policy and staff guidance, and has
no adverse impact on public health and safety. Therefore, we exercised
discretion at 6:20 p.m. on July 3, 2002, not to enforce compliance with
the condition of your license imposed by 10CFR55.53 (h), which requires
that you successfully complete a comprehensive requalification written
examination within a 24 month period. This NOED is in effect from 6:20
p.m. on July 3, 2002 until 6:20 p.m. on July 17, 2002.

Enforcement action may be taken for violations that occurred prior to
granting the NOED.